Patna Court December 2003 Judgments
Aman Lime Works and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-04-2003
R.M. Prasad, J.1. In this writ petition, the petitioning-Units had initially prayed for issuance of writ in the nature of mandamus commanding the respondents to resume the supply of coal to their factories immediately pursuant to the direction given in L.P.A. 701 and 710 of 2002 (Annexure 6) filed by the M/s. Central Coalfields Limited and others against the judgment of the learned Single Judge passed in C.W.J.C. No. 10066 of 2000 and 10124 of 2000 (Annexure 5) read with the order of the General manager, District Industries Centre, Rohtas, Sasaram to the Director, Industries, Bihar, Patna, vide letter, contained in Memo No. 534 dated 3-5-2003 (Annexure 8), whereby he found both the industries to be in workable condition and decided the matter in their favour. However, in view of the subsequent development, which has been brought on record by way of Annexure B to the counter-affidavit filed on behalf of respondents No. 1 and 2, learned counsel for the petitioners submitted that the pe...
Tag this Judgment!Kamal Ram Vs. State of Bihar
Court: Patna
Decided on: Dec-04-2003
R.N. Prasad, J. 1. The appeal has been preferred against the judgment and order dated 22.8.1987 passed by Sessions Judge, West Champaran, Bettiah in S.T. No. 108/86 whereby the sole appellant has been convicted for the offence under Section 302, IPC and sentenced to undergo imprisonment for life. 2. Sudama Ram gave his fardbeyan on 15.4.1984 at 11 p.m. in M.J.K. Hospital, Bettiah before Asstt. Sub-Inspector of Police that at about 9.30 p.m. his father Phuleshwar Ram had gone to the house of Sita Ram Harijan to attend the feast at the occasion of Katha (Puja). He was standing there as he had already taken food. Kamal Ram the appellant, was also there. He told one Mangal Ram as to why he was chewing like bone on which the father of the informant Phuleshwar Ram asked him not to speak in such a manner as they have assembled at the occasion of Puja. On this there was altercation between the father of the informant and Kamal Ram, the appellant. Kamal Ram went to his house and came with a ...
Tag this Judgment!N.B. Sharma Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Dec-03-2003
R.S. Garg, J. 1. Heard learned counsel for the parties.2. The petitioner in accordance with Clause 63 of the agreement made an application to the other side for referring the matter to the arbitrator. As the matter was not referred to the arbitrator the petitioner has come to this Court under Section 11 of the Arbitration and Conciliation Act, 1996. On notice to the other side they have appeared and filed their counter inter alia submitting that in accordance with Clause 63 of the agreement the petitioner/contractor can make an application to the respondents after 90 days of his presenting final claim on disputed matters that the matter be referred to arbitrator and as the petitioner has not done so Clause 63 would not become operational. It is also contended by them that vide Annexure-A letter dated 8-3-2000 the petitioner has given a certificate in favour of the respondents that after completion of the work he has no other claim outstanding against the respondents, therefore, also ...
Tag this Judgment!Oriental Insurance Co. Ltd. and ors. Etc. Vs. State of Bihar and anr.
Court: Patna
Decided on: Dec-03-2003
S.N. Jha, J.1. The Oriental Insurance Company Limited and its officials -- five in number -- posted in the regional offices at Patna, Bangalore and Gauhati, and the branch office at Patna have come to this Court for quashing the order of the Judicial Magistrate 1st Class, Patna dated 24-5-2000 in Complaint Case No. 610/2000 taking cognizance and issuing processes under Sections 406, 409 and 420 Indian Penal Code against them.2. The case of the complainant-opposite party, M/s. Poddar Industries, is that it is a partnership firm. In 1992 the Branch Manager of the petitioner company approached its partner and requested him to insure the factory building with all equipments along with the boundary wall and the partners agreed for the same. The rate of premium was thereafter fixed after site inspection as per the cost value of the goods insured. Finally, the company issued fire policy 'C' with coverage of special perils like flood etc. for one year. The policy was renewed every year. The ...
Tag this Judgment!Rabindra Nath Chakravorty and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-03-2003
R.S. Garg, J. 1. This order shall dispose of CWJC No. 11200/2002 (Rabindra Nath Chakravorty v. The State of Bihar and Ors.) and MJC No. 181/1998, Satish Kumar Pandey v. The State of Bihar and Ors.. In MJC No. 181/1998) Heard learned counsel for the parties. 2. in CWJC No. 11200/2002 the petitioners have prayed for issuance of a command directing the respondents to promote the petitioners from the rank of class IV to the rank of class III post and further asking the respondents not to fill up class III posts by making temporary appointments. 3. In MJC No. 181/1998 which in fact is a matter relating to contempt of the Court, the petitioners have submitted that despite mandatory directions issued by this Court no recommendations have been made nor any payment has been made by the State Government, therefore, the concerned officers/authorities be punished in accordance with law. 4. In MJC No. 181/1998 it was submitted by the State authorities that the matter was already referred to Biha...
Tag this Judgment!Union of India (Uoi) Vs. Patna Tyre House Pvt. Ltd.
Court: Patna
Decided on: Dec-02-2003
Chandramauli Kr. Prasad, J.1. Union of India, being aggrieved by the order dated May 19, 1999 passed by the Employees' Provident Fund Appellate Tribunal allowing the appeal of the respondent holding that it is not covered under the Employees Provident Funds and Miscellaneous Provisions Act, 1952, has preferred this writ application and prays for quashing of the said order by issuance of a writ in the nature of certiorari.2. Shorn of unnecessary details, facts giving rise to the present application are that the Enforcement Officer inspected the business premises of respondent Patna Tyre House Pvt. Ltd. (hereinafter referred to as the establishment) on January 1, 1991 and found its employees strength to be 22, which included the three Directors getting remuneration and as such recommended that it shall be covered under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act (hereinafter referred to as the Act). Hence, a proceeding under Section 7A of the Act wa...
Tag this Judgment!Shri Alakh Niranjan Prasad Sinha and ors. Vs. the Chairman Bharat Wago ...
Court: Patna
Decided on: Dec-02-2003
R.S. Garg, J.1. Heard learned counsel for the parties.2. The petitioners have came to this Court submitting that Clause 4 of the Office Memorandum dated 5.11.2001 issued by the Ministry of Heavy Industries & Public Enterprises, Government of India by which the Government modified the Revised Voluntary retirement scheme dated 5.5.2000 and has decided that the employees, who have already been released by the Public Sector Undertakings before the date of issue of the said Office Memorandum shall not be given the benefits under the Revised Scheme/Modified Scheme.3. Undisputedly the Union of India floated certain Voluntary Retirement Scheme/Voluntary Separation Scheme (VRS/VSS, for short). Certain lucrative offers were made to the employees so that jural relationship of Master and Servant or Employer and Employee comes to an end and the dying corporations are saved of the extra expenses. In the present matter which relates to Bharat Wagon and Engineering Company Ltd. (A Government of India...
Tag this Judgment!Kanchan Kumar Sinha and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-02-2003
Narayan Roy, J.1. Heard counsel for the parties.2. By this application, the petitioners seek direction upon the respondents to issue orders for granting post facto approval of extension of Token Unemployment Scheme for the financial years 1996-97 1997-98 and 1998-1999.3. It is submitted by learned counsel appearing on behalf of the petitioners that the petitioners are continuing under the scheme aforesaid for 12 years and from time to time, token payment is made to them. It is further submitted that the petitioners have got their salary up to February 2003 and thereafter, it is not being paid to them. It is also submitted by learned counsel appearing on behalf of the petitioners that since the Token Unemployment Scheme continued for several years and necessary payments were made to the petitioners, regular payment should be made to them.4. A counter affidavit and also rejoinder to reply to the counter affidavit have been filed on behalf of the respondents.5. In sum and substance, it i...
Tag this Judgment!Shyam Sundar Prasad Sinha Vs. Bihar State Pollution Control Board Thro ...
Court: Patna
Decided on: Dec-02-2003
R.S. Garg, J. 1. Heard learned counsel for the parties. 2. The petitioner and one Chaturbhuj Lal were working as Class IV employees with the respondent establishment i.e. Bihar State Pollution Control Board. On 13.11.1980 vide Annexure 1. the petitioner was required to assume the charge of the post of Routine Clerk because one Syed Kadir Karim, typist had shown his unwillingness to hold the additional charge. Under Annexure 1 it was clearly mentioned -that for holding the charge of the post of Routine Clerk, the petitioner would not be paid any additional allowance. 3. It appears that the question of promotion of some of the Class IV employees was considered by the respondents. One Chaturbhuj Lal, who was the senior-most Class IV employee was given the promotion though the petitioner alone was a qualified employee to be promoted as Class III/Routine Clerk and there were positive recommendations in his favour. However. Chaturbhuj Lal was appointed/promoted as Routine Clerk. 4. The pe...
Tag this Judgment!Satyendra Singh and anr. Vs. the State of Bihar
Court: Patna
Decided on: Dec-02-2003
R.N. Prasad and C.M. Prasad, JJ. 1. The appellants have preferred this appeal against the judgment and order dated 26/27.4.2000 passed by the 6th Additional District and Sessions Judge, Aurangabad in Sessions Trial No. 347 of 1999 whereby appellant, Satendra Singh has been convicted for the offence under Section 304B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 14 years. He has further been convicted for the offence under Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years. Appellant, Babu Ram Singh, has been convicted for the offence under Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years. 2. The prosecution case, in short, is that one Birja Singh gave his fardbeyan on 18.12.1994 at about 8.15 p.m. that his daughter Kamla Devi was married to Satyendra Singh, the appellant, about one and half years ago. Second marriage took place after five months. At the ...
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